A. 
Approval of phased plans. If the proposed subdivision or land development is planned to be completed in two or more phases over a reasonable number of years, the governing body may authorize submission of final plats and plans which are in compliance with all other sections of this chapter in sections or phases of development, provided that the governing body mandates completion of all required improvements or appropriate requirements and completion guaranties for and in future sections or phases of development as it finds reasonable for the public's protection before granting final approval to the first section or phase of the subdivision or land development which is to be developed.
B. 
Waivers and modifications. The Board of Supervisors shall have the authority to grant modifications to any of the requirements of this chapter, provided that the following procedures and requirements are met. Any request for a variance to any requirement of the Township Zoning Ordinance[1] shall not be within the jurisdiction of the Board of Supervisors and shall be referred to the Zoning Hearing Board for disposition.
(1) 
Modifications in cases of physical hardship. In any particular case where the applicant can show by plan and written statement that, by reason of topographic or other physical conditions, the literal enforcement of any requirement of this chapter would exact undue hardship because of peculiar conditions pertaining to the land in question, the Board of Supervisors may modify such requirements to the extent deemed just and proper, so as to relieve such hardship, provided that such modification will not be contrary to the public interest and that the intent and purpose of this chapter is observed.
(2) 
Modifications to allow equal or better specifications. When an equal or better specification is available to comply with the Township improvement specifications or design standards of this chapter, the Board of Supervisors may make such reasonable modifications to such requirements of this chapter to allow the use of the equal or better specification, upon recommendation of the Township Engineer. In approving such modification, the Board of Supervisors may attach any reasonable conditions, which may be necessary to assure adequate public improvements and protect the public safety.
(3) 
Procedures for authorizing modifications.
(a) 
Any request for a modification to this chapter authorized by this section shall be submitted, in writing, by the applicant as part of the application of a preliminary or final application, stating the specific requirements of this chapter which are proposed to be modified, the grounds and facts of unreasonableness or hardship on which the request is based and the minimum modification deemed necessary.
(b) 
The request for a modification to this chapter shall be considered by the Board of Supervisors at a public meeting. The Board of Supervisors may hold a public hearing pursuant to public notice prior to making a decision on the request for a modification.
(c) 
Requests for modifications shall be first reviewed by the Planning Commission. The Planning Commission recommendation shall be entered into the official record of the Board of Supervisors meeting.
(d) 
The Board of Supervisors shall keep a written record of all actions on all requests for modification and the reasons relied upon by the Board of Supervisors in approving or disapproving the request for a modification shall be entered into the minutes of the meeting. Any decision, resolution, or ordinance adopted governing an application, which contains a request for a modification shall include reference to the modification and the reasons for approval or disapproval.
[1]
Editor's Note: See Ch. 84, Zoning.
C. 
Judicial review. Any decision of the governing body granting or denying preliminary or final approval of a subdivision plan shall be subject to appeal in court in the same manner and within the same time limitation as provided for zoning appeals by the Pennsylvania Municipalities Planning Code, as amended.
In addition to the power and authority vested in the Planning Commission by other laws and ordinances, the Planning Commission is hereby designated as a viewing authority of and for the governing body and is charged with the duty of making investigations, reports and recommendations on the design and improvement of proposed subdivisions and land developments and to review and recommend to the governing body for approval, conditional approval or disapproval plats and plans of subdivisions and land development.
A. 
Recording subdivisions.
(1) 
A subdivision plan, which has been granted final approval, shall be recorded by the landowner or his agent in the office of the Recorder of Deeds of Allegheny County according to the provisions of the Pennsylvania Municipalities Planning Code.
(2) 
No plan of any subdivision or land development shall be entitled to record in the office of the Recorder of Deeds of Allegheny County or have any validity until it shall have been approved in the manner prescribed herein. In the event that any such unapproved plan is recorded, it shall be considered legally null, void, and as not ever having been recorded. The governing body shall institute proceedings to have the plan stricken from the records of the county.
B. 
Revisions after final plan approval. No changes, erasures, modifications or revisions shall be made in any plan of a subdivision or land development after final approval has been given by the governing body and endorsed in writing on the plan, unless said plan is first resubmitted to the governing body.
C. 
Sale of lots in subdivision. No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision, unless and until a subdivision plan has been approved and, where required, recorded and until the improvements required by the governing body in connection therewith have either been constructed or guaranteed, as herein above provided. Where, owing to special conditions, a literal enforcement of this provision would result in unnecessary hardship, the governing body may make such reasonable written exception thereto as will not be contrary to the public interest and may permit the sale of a lot, issuance of a permit or erection of a building, subject to conditions necessary to assure adequate streets and other public improvements.
D. 
Failure to develop. In the event that a subdivision plan or section thereof is given final approval and thereafter the landowner abandons such plan or section thereof that has been finally approved and shall so notify the governing body in writing or in the event that the landowner shall fail to commence and carry out the development of the subdivision within two years after final approval has been granted, no development or further development shall take place on the property included in the subdivision plan until after said property is resubdivided.
Commencement of development. No land development shall commence until a final plan has been approved and recorded in the Allegheny County Recorder of Deeds office and until all necessary permits (Township, county, commonwealth or federal) have been received for the same and proof thereof has been provided to the Township.
A. 
Building or repair permits shall not be issued for any structure on a lot in a subdivision or land development for which a plan has not been approved and recorded in the manner prescribed in this chapter and for which all other necessary permits have been issued by the Township, county, commonwealth or federal agencies.
B. 
No owner or agent of the owner of any land shall be entitled to a permit for the installation of wells and septic tanks upon any lots in a subdivision or land development for which a plan has not been approved and recorded in the manner prescribed in this chapter and for which all other necessary permits have been issued by the Township, county, commonwealth or federal agencies.
The governing body shall designate, by resolution, one or more persons to enforce the provisions of this chapter and rules, regulations and fee schedules made in connection herewith, including but not limited to the duties of examining applications for compliance and inspecting actual construction.
Notification required by this chapter shall be deemed to have been accomplished if it is personally delivered to the residence or place of business of the applicant or mailed postage paid, certified return receipt requested.
Time limits contained herein are to be strictly construed but may be extended by mutual written agreement between the Township, or any of its authorized officials or agencies, and the applicant.
A. 
The Township hereby defines its policy to be that the Township will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service, from all subdivisions and land developments which have not been approved and from all areas dedicated to the public which have not been accepted by the governing body in the manner prescribed herein.
B. 
Completion guaranty.
(1) 
Guaranty of required improvements and dedication of public improvements. Prior to the issuance of any Township permits for the development of a subdivision or land development, a completion guaranty in the form of a bond, cash deposit, certified check, other negotiable securities, irrevocable letter of credit or other financial security acceptable to the Township shall be filed, which covers all streets, sanitary sewers, stormwater management facilities, water systems, fire hydrants, sidewalks and other required improvements. The guaranty shall:
(a) 
Run to favor of the Township.
(b) 
Be in the amount of 110% of the anticipated cost of improvements as certified by the Township Engineer.
(c) 
Be acceptable to the Township Solicitor.
(d) 
Be part of an executed developer's agreement between the Township and the subdivider/developer, which shall state all conditions of approval and improvements, which the subdivider/developer shall perform as part of a conditional approval. Such developer's agreement shall be in a form and content approved by the Township Solicitor and shall provide, among other things, that all required approvals and permits for the development have been secured from all appropriate Township, county, commonwealth and federal officials, offices and agencies. Also, a written contractual commitment shall be supplied by the applicant, approved by the Township Solicitor, confirming that the applicant is binding itself not to cause any physical change in the land or to any structure which requires prior approval or the issuance of a permit, or both, from any governmental body or agency until such permits and approvals are actually obtained and authorizing the Township to obtain an immediate ex parte injunction and such other remedies as the Township deems appropriate against the applicant, its agents and contractors in the Court of Common Pleas of Allegheny County if said work is commenced without such permits and approvals. Such developer's agreement shall further specify that the subdivision or land development shall be completed and maintained in the manner approved in the final plan and on the time schedule agreed upon and shall specify remedies for failure to comply.
(2) 
Release of completion guaranty. Bonds, cash, checks or securities filed as a completion guaranty shall be returned or released upon written certification by the Township Engineer or a designated agent that improvements and facilities have been satisfactorily installed and completed in accordance with all applicable standards and specifications and that all required fees have been paid. A report on any requested release or return of a completion guaranty shall be prepared by the Engineer within 30 days after authorization to do so has been received pursuant to the provisions of Section 510 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10510) and the procedures for effecting the release of such completion guaranty shall be as set forth therein.
(3) 
Default of completion guaranty. If improvements are not installed and completed within two years of the date of recording for the plat or do not comply with the standards and specifications of this chapter, the Township may proceed to complete the improvements and facilities and may use whatever proceeds from bonds, cash deposits, checks or securities as are required to meet the expense of completing such improvements.
(4) 
Dedication of public improvements. When streets, sanitary sewers, storm drainage facilities, waterlines or other required improvements in the subdivision or land development have been completed in accordance with this chapter and an approved subdivision and land development plan for the development site, such improvements shall be deemed private until such time as they have been offered for dedication to the Township and accepted by separate ordinance or resolution or until they have been condemned for use as a public facility. Prior to the acceptance of any improvement, the Township Engineer shall inspect it to ensure that it is constructed in accordance with the approved plan and is functioning properly. In the case of any stormwater control facility, it must be free of sediment and debris. In addition, the developer shall submit as-built plans of all facilities proposed for dedication.
(5) 
Construction warranty. Prior to acceptance of any improvements or facilities, the applicant shall provide to the Township, for a period of 18 months from the date of acceptance of the improvements and facilities, a financial security bond in the form of a bond, cash, certified check or other negotiable securities, acceptable to the Township, in an amount equal to 15% of the actual cost of the improvements and facilities in order to guarantee against any defect in material or installation of the improvements and facilities.
C. 
Construction of the public improvements approved in the subdivision or land development plan shall be substantially commenced within one year from the date the governing body gave approval to the final plan unless such time period is extended by the governing body. If the improvements are not completed within two years of the date of final approval and in accordance with the standards approved in the final plan, the governing body (unless it grants an extension thereof) shall enforce the completion guaranty and seek any other legal and equitable remedies it deems appropriate. If the amount of the completion guaranty is insufficient to install, repair, correct, and maintain the public improvements, the governing body may, at its option, do the necessary work and initiate court action to recover the cost of such work.